Any person who, knowing that another has been discharged by order of a competent court on a habeas corpus, shall, contrary to the provisions of Article X of this Act, arrest or detain him or her again for the same cause which was shown on the return to such order, shall forfeit $500 for the first offense, and $1,000 for every subsequent offense.
10-129.Penalty for rearrest of person discharged.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-129 fines anyone who knowingly rearrests or redetains, for the same cause shown on the return, a person already discharged by a competent court on habeas corpus -- $500 for a first offense and $1,000 for each later one.
Full Text of 735 ILCS 5/10-129
Plain-English Summary
Section 10-129 backs up the protection Section 10-128 gives a discharged person with a monetary penalty. Any person who, knowing that another has been discharged by order of a competent court on habeas corpus, arrests or detains that person again, contrary to Article X, for the same cause shown on the return to the earlier order, forfeits money as a result.
The penalty rises with repetition: $500 for the first offense, and $1,000 for every subsequent offense. Knowledge of the earlier discharge is built into the section — it applies to someone who arrests or detains "knowing" that the other person was already discharged for that same cause.
Frequently Asked Questions
What conduct does Section 10-129 penalize?
Knowingly arresting or detaining again, for the same cause shown on the return, a person already discharged by a competent court on habeas corpus.
What is the penalty for a first violation?
A forfeiture of $500.
What is the penalty for later violations?
$1,000 for every subsequent offense.
Does the person doing the rearresting need to know about the earlier discharge?
Yes. The statute applies to someone who acts "knowing" that the other person was discharged.
How does Section 10-129 relate to Section 10-128?
Section 10-128 defines when reimprisonment for the "same cause" is prohibited and when it isn't, and Section 10-129 supplies the monetary penalty for violating that prohibition.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: penalty for rearresting discharged prisoner illinoisillegal rearrest after habeas corpus illinoisforfeiture for knowingly rearresting discharged prisoner